Both 1910.178 and 1910.147 have requirements that we periodically evaluate employees’ performance in their ability to perform LOTO and drive PITs in the manner in which they were trained. As I have discussed many times, just doing annual LOTO training without some type of “field verification” that the authorized employees are functioning within the program’s confines is NOT acceptable. Heck, we are NOT even required to do annual LOTO training – but most businesses do because the program is so critical; however, this annual training does NOT absolve the facility from doing their “periodic inspections”. The same goes with the 3-year “Evaluation” found in 1910.178- just doing the training every three (3) years does NOT absolve the facility from doing an actual evaluation on trained PIT operators. Let’s discuss…
Here are the OSHA requirements:
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1910.178(l)(4) Refresher training and evaluation. 1910.178(l)(4)(iii) An evaluation of each powered industrial truck operator’s performance shall be conducted at least once every three years. |
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1910.147(c)(6) Periodic inspection. 1910.147(c)(6)(i) The employer shall conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirements of this standard are being followed. 1910.147(c)(6)(i)(A) The periodic inspection shall be performed by an authorized employee other than the ones(s) utilizing the energy control procedure being inspected. 1910.147(c)(6)(i)(B) The periodic inspection shall be conducted to correct any deviations or inadequacies identified. 1910.147(c)(6)(i)(C) Where lockout is used for energy control, the periodic inspection shall include a review, between the inspector and each authorized employee, of that employee’s responsibilities under the energy control procedure being inspected. 1910.147(c)(6)(i)(D) Where tagout is used for energy control, the periodic inspection shall include a review, between the inspector and each authorized and affected employee, of that employee’s responsibilities under the energy control procedure being inspected, and the elements set forth in paragraph (c)(7)(ii) of this section. 1910.147(c)(6)(ii) The employer shall certify that the periodic inspections have been performed. The certification shall identify the machine or equipment on which the energy control procedure was being utilized, the date of the inspection, the employees included in the inspection, and the person performing the inspection. |
As I said in the opening, many (dare I say most) businesses are NOT doing either of these CRITICAL functions within their LOTO and PIT programs. Instead, they are just doing their training programs annually for LOTO and every 3-years for the PIT operators. And this is totally UNACCEPTABLE to even meet the OSHA standard(s) minimums.
Neither 1910.178 nor 1910.147 require “refresher training” at any established frequency. Rather, these two standards are “performance-oriented” standards and BOTH have these “periodic” evaluations/inspections in place. Businesses are REQUIRED to perform these “Evaluations/Inspections” in the facility FACE-to-FACE with the employee(s). If employee(s) demonstrate they can safely perform their tasks then OSHA does not require refresher training. Of course, a business can always do MORE TRAINING than the OSHA minimum, but doing the training does NOT override the requirement for these evaluations/inspections.
Here is the language from the OSHA CPLs on these matters:
(emphasis by me)
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Refresher Training and Evaluation A powered industrial truck operator must receive refresher training under 1910.178(l)(4)(ii)(A) or (C) if a workplace observation by a supervisor or other qualified person indicates that the operator is deficient in some of the requisite knowledge and skills needed to operate the vehicle safely. If the observer determines that the deficiencies in the operator’s knowledge and skills can be corrected by on-the-job instruction, the observer or another qualified person may immediately provide such instruction. After such instruction, the observer or other qualified person may reevaluate the operator’s performance in the workplace and, if the operator demonstrates that he or she possesses the knowledge and skills to operate the equipment safely, the operator may continue to operate the powered industrial truck without any further training and without affecting his or her certification. If on-the-job instruction is not sufficient to obviate the deficiencies in the operator’s knowledge and skills, the operator must receive such additional refresher training and evaluation as is necessary to ensure that the operator has the knowledge and skills needed to operate the powered industrial truck safely. An operator must receive refresher training and evaluation under 1910.178(l)(4)(ii)(B) when the operator has been involved in an incident in which the operator’s operation of the powered industrial truck caused or contributed to personal injury or property damage or provided other clear evidence that the operator operated the equipment unsafely. In the event that an OSHA inspection of the incident is conducted, the CSHO will include in the case file and account for any facts and conclusions developed by an independent inquiry of the factors underlying the incident which are made available to the CSHO during the inspection or within 14 days of the incident, whichever is later. Source: https://www.osha.gov/enforcement/directives/cpl-02-01-028 |
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Periodic Inspection. Due to the significant risks associated with inadequate energy control procedures and the failure to properly implement effective energy control procedures, section 1910.147(c)(6)(i) requires that periodic inspections be performed at least annually (based on twelve-month intervals) to verify that the procedures are adequate and being properly applied. OSHA believes that these periodic inspections will, in part, ensure that the employees involved are familiar with their responsibilities and that employees maintain proficiency in the energy control procedures that they implement. … Specifically, the inspector must be able to determine whether: 1) the steps in the energy control procedure are being followed; 2) the employees involved know their responsibilities under the procedure; and 3) the procedure is adequate to provide the necessary protection, and, if inadequate, what modifications are needed. … Although the standard does not prescribe annual refresher training or a set frequency for retraining, it does require training under specific circumstances and specifies those issues that the training must cover. For example, the employer must provide initial training before the servicing and maintenance activities begin and must provide retraining as necessary. However, retraining is required, by paragraph (c)(7)(iii), if a periodic inspection reveals, or an employer has reason to believe, that there are deviations from the application of the energy control procedure or inadequacies in an employee’s knowledge of or use the energy control procedure. Additionally, retraining must be provided for all authorized and affected employees whenever there is a change in: A. Job assignments; B. Energy control procedures; or C. Machinery, equipment, or processes that present a new hazard. The retraining must reestablish employee proficiency and, if relevant, address new or revised energy control procedures. The scope and content of all the retraining must be based upon the severity of the problems encountered and must be directed toward the elimination of those problems. Unless employees are retrained whenever deviations or inadequacies are discovered (or when the employer has reason to believe a problem exists), the overall effectiveness of the energy control program will diminish over time. Properly trained employees, who are proficient in their energy control responsibilities, are critical to the success of the energy control program. Source: https://www.osha.gov/sites/default/files/enforcement/directives/CPL_02-00-147.pdf |
So as we can see, annual training does NOT replace the need/requirement for an “in-the-facility-inspection” of the workers performing their task(s). We can of course do our training annually if management feels it is necessary, but it is these evaluations/inspections that tell us whether that training is being effective at that annual frequency. Heck our evaluations/inspections may tell us we need to be doing training even more often than annually!